Adverse action against an employee for taking job-protected FMLA leave is unlawful. Employers are advised that eligible employees should be afforded FMLA leave, which may include a reduction to an employee’s workload.
By James E. Hall, Mark T. Kobata and Marty Denis Comments 0 | Recommend 0
n 1997 Deborah Lewis became a bookkeeper for Freeburg (Illinois) Community
School District No. 70. In 2004, school superintendent Rob Hawkins reduced
Lewis’ hours and allowed her to occasionally work from home to care for her
terminally ill mother. At an October 2004 school board meeting, Hawkins told the
board that Lewis’ leave was an inconvenience to the school and that, while she
had performance problems, the district could face Family and Medical Leave Act
liability if she were terminated. At a November 2004 board meeting, members
described the FMLA as "ludicrous," and instructed Hawkins to build a case
against Lewis.
In March 2005, Lewis received a mixed performance review indicating issues with
her job performance during the period she was working a reduced schedule. Later,
Lewis received a letter giving her the option to resign or accept a demotion
because she "missed too much work to meet the essential functions of [her]
present assignment."
Lewis filed suit in the U.S. District Court for the Southern District of
Illinois under the FMLA and state law. The court granted summary judgment in
favor of the school district, finding insufficient evidence to state a claim.
Lewis appealed.
The U.S. Court of Appeals for the 7th Circuit reversed on Lewis’ FMLA claims,
stating that she need only prove "protected conduct was a substantial or
motivating factor" for her demotion. There was sufficient evidence to infer that
"while fully cognizant of their obligations to Lewis under the FMLA, [the board]
decided not to inform her of those rights" but instead build a case against her
in order to justify her termination. Lewis v. School District #70, 7th Cir., No.
06-4435 (4/17/08).
Impact: Adverse action against an employee for taking job-protected FMLA leave
is unlawful. Employers are advised that eligible employees should be afforded
FMLA leave, which may include a reduction to an employee’s workload.
Workforce Management, June 23, 2008, p. 12
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James E. Hall, Mark T. Kobata and Marty Denis are partners with the law firm
of Barlow, Kobata and Denis, with offices in Los Angeles and Chicago. E-mail editors@workforcecom to comment.
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n 1997 Deborah Lewis became a bookkeeper for Freeburg (Illinois) Community
School District No. 70. In 2004, school superintendent Rob Hawkins reduced
Lewis’ hours and allowed her to occasionally work from home to care for her
terminally ill mother. At an October 2004 school board meeting, Hawkins told the
board that Lewis’ leave was an inconvenience to the school and that, while she
had performance problems, the district could face Family and Medical Leave Act
liability if she were terminated. At a November 2004 board meeting, members
described the FMLA as "ludicrous," and instructed Hawkins to build a case
against Lewis. 
